Constitutional Law - Final

First Amendment

First Amendment

guarantees your freedom of speech, religion, press, petition, and assembly.

Second Amendment

guarantees your right to bear arms.

Fourth Amendment

protects you from unreasonable searches and seizures.

Fifth Amendment

protects you from being a witness against yourself.

Sixth Amendment

guarantees your right to a speedy and public trial with a jury of your peers.

Eighth Amendment

protects us from cruel and unusual punishment.

acquit

to find them not guilty in a criminal trial.

arraignment

a hearing in which a person charged with a crime first appears before a judge.

automobile exception

when a police officer can search your car without a search warrant.

bail

a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial.

bench trial

a trial in which there is no jury but instead a judge hears the case.

Brady Bill

instituted federal background checks on firearm purchasers in the United States.

censorship

suppression of words, images, or ideas that are "offensive,"

challenge for cause

to remove a prosepective juror for a reason

change of venue

moving a trial to a different location

clear and present danger

a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press or assembly.

coercion test

a method to test if the Establishment Clause has been violated by threatening or intimidating someone into doing something.

community standard

local norms bounding acceptable conduct that state the community's values.

confrontation clause

the right of the accused to confront their accusers.

creationism

belief in the literal interpretation of the account of the creation of the universe and of all living things related in the Bible.

defamation

intentional false communication, either written or spoken, that harms a person's reputation.

double jeopardy

to be prosecuted for the same crime twice

due process

legal requirement that the state must respect all of the legal rights that are owed to a person.

eminent domain

The power to take private property for public use

establishment clause

forbids the government from establishing an official religion

evolution

the change in the inherited characteristics of biological populations over successive generations.

excessive entanglement

when government and religion are overly involved with one another.

exclusionary rule

evidence obtained illegally cannot be used against you in court.

Framers

group of 55 men who are responsible for writing the U.S. Constitution

free exercise clause

allows you to practice any religion you choose, or no religion at all.

grand jury

used to decide whether there is enough evidence for someone to be charged ("indicted") for a serious crime.

imminent

An immediate threat of harm

incite

To provoke and urge on

indictment

formal accusation that a person has committed a crime.

inevitable discovery rule

if evidence would have been eventually obtained legally, then the evidence obtained by illegal means becomes admissible.

Lemon Test

a three-part test used to determine if a law violates the 1st Amendment.

libel

Written defamatory statement

militia

an army or other fighting force that is composed of non-professional fighters

Miranda Rights

what the police read to you when you are arrested to let you know what your rights are.

mistrial

when a courtroom trial has been terminated prior to its normal conclusion.

obscenity

lewd or indecent

parody

a humorous or satirical imitation of something, protected by the First Amendment.

peremptory challenge

to have a juror dismissed before trial without stating a reason

prior restraint

government action that prohibits speech or other expression before it can take place.

probable cause

the standard which must be met in order for a judge to issue a search warrant

reasonable suspicion

a more relaxed standard than probable cause that is used in criminal procedure.

school vouchers

when parents can apply a voucher toward tuition at a private school, including religious schools

stop and frisk

police may detain a person and run his hands lightly over the suspect's outer garments to determine if the person is carrying a concealed weapon.

search warrant

a court order issued by a judge that authorizes law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate evidence

secular

not pertaining to or connected with religion.

separation of church and state

1st Amendment idea describing the distance of the relationship between organized religion and government.

slander

oral defamation

subpoena

a formal document that orders a named individual to appear in court

symbolic speech

burning an American flag is an example of this type of speech.

wall of separation

Thomas Jefferson's belief about the relationship between government and religion.

writ of habeas corpus

a court order that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner's release.

Ascroft vs. ACLU

SC case-computer generated, "virtual" child pornography that does not use real people is protected.

Board of Education vs. Westside Community Schools

SC case-public schools that offer extra-curricular clubs cannot deny a religous group from forming a club

Brandenburg vs. Ohio

SC case-held that government cannot punish inflammatory speech unless that speech is directed to inciting

California vs. Greenwood

SC case-allows the police to search through your trash once

Carroll vs. United States

SC case-upheld the warrantless search of an automobile.

Church of the Lukumi Babalu Aye vs. City of Hialeah

SC case-the city ban on animal sacrifice was unconstitutional because it was directed at 1 specific religion

District of Columbia vs. Heller

SC case-you have the right to bear arms in a federal enclave.

Dred Scott vs. Sandford

SC case-ruled that African-Americans were not citizens, and therefore had no standing to sue in federal court.

Engel vs. Vitale

SC case-reading of a nondenominational prayer at the start of the school day

Epperson vs. Arkansas

SC case-invalidated an Arkansas statute that prohibited the teaching of human evolution in the public schools

Everson vs. Board of Education

SC case-parents could be reimbursed for bussing their kids to private Catholic schools

Gideon vs. Wainwright

SC-case all people have a right to be represented by a court-appointed attorney.

Goldman vs. Weinberger

SC case-Jewish Air Force officer could not wear a yarmulke

Gregg vs. Georgia

SC case-reaffirmed the use of the death penalty (if it is fairly applied) in the United States

Hazelwood vs. Kuhlmeier

SC case-public school newspaper journalists do not have the same rights as journalists outside of schools (they can be censored)

Hustler vs. Falwell

SC case-when something is deemed a parody, you cannot sue for demation

Katz vs. United States

SC case-declared that the Fourth Amendment protects people, not places (wiretaps)

Kelo vs. City of New London

SC case- the city's taking of private property to sell for private development qualified as a "public use" within the meaning of the takings clause.

Lemon vs. Kurtzman

SC case-struck down a Pennsylvania law, which allowed the state to reimburse nonpublic schools for teachers' salaries

Mapp vs. Ohio

SC case-Evidence obtained through a search in violation of the Fourth Amendment cannot be admitted in court

McDonald vs. Chicago

SC case-struck down the city of Chicago's ban on the possession of handguns .

Miller vs. California

SC case-obscenity can be "judged to be obscene by the average person, applying contemporary community standards."

Miranda vs. Arizona

SC case-police must notify suspects of their right to counsel and their protection against self-incrimination when they are arrested

Morse vs. Frederick

SC case-"Bong Hits 4 Jesus" case

New Jersey vs. T.L.O.

the school's interest in maintaining order and discipline outweighed the student's expecation of privacy. Schools only need reasonable suspicion rather than probable cause to conduct a search.

New York Times vs. Sullivan

malice standard, which has to be met before press reports about public officials or public figures can be considered to be defamation

New York Times vs. United States

the govt. could not prematurely censor newspapers over then-classified newspapers

Nix vs. Williams

SC case-evidence that was obtained illegally, but would have been obtained inevitably could still be used against a defendant in court.

Roper vs. Simmons

it is unconstitutional to impose capital punishment for crimes committed while under the age of 18.

Schenck vs. United States

1st Amendment rights can be limited if an action presents a clear and present danger; Congressional rights are expanded during war time.

Sheppard vs. Maxwell

SC case-if media has given too much attention to a case, the trial should be moved or delayed

Snyder vs. Phelps

Westboro Baptist Church can protest fallen soldiers' funerals. Protected by the 1st Amendment.

Terry vs. Ohio

gave police the right to conduct a "stop & frisk"

Texas vs. Johnson

burning an American flag is protected under the 1st Amendment

Tinker vs. Des Moines

students were allowed to wear black armbands to protest the Vietnam War becuase they did not cause a substantial disruption to the learning environment

United States vs. Salerno

bail can be denied to someone who is deemed a threat to society

Village of Skokie vs. National Socialist Party

the NSPA could not be denied the right to hold a march/rally because their message was offensive to the people of the town

Wisconsin vs. Yoder

Amish students could not be compelled to attend public school beyond 8th grade

Griswold vs. Connecticut

Struck down the Connecticut law that banned the use of birth control. Established "zones of privacy."

Lawrence vs. Texas

States could not outlaw homosexual activity.

Roe vs. Wade

Women have the right to have an abortion.

Korematsu vs. United States

Upheld the Japanese internment camps in the U.S. during WWII.

Brown vs. Board of Ed.

Overturned "separate but equal" doctrine. Integrated public schools.

University of California vs. Bakke

Quotas used in affirmative action were unconstitutional.